UPDATE 1-U.S.

Appeals court allows Texas to exclude Planned Parenthood

May 01, 2012|Reuters

* Decision reverses lower court ruling Monday

* Planned Parenthood not eligible provider- Texas official

(Adds comment from state, background, details)

By Corrie MacLaggan

AUSTIN, Texas, May 1 (Reuters) - A U.S. appeals court ruledon Tuesday that the state of Texas can exclude PlannedParenthood from a state health program for low-income womenbecause the organization performs abortions.

The ruling, by Judge Jerry Smith of the 5th U.S. CircuitCourt of Appeals, reversed a lower court ruling Monday in favorof the family planning organization. The decision on Tuesdaymeans the state is free for now to enforce a new rule banningPla n ned Parenthood from the Women's Health Program, Texasofficials said.

"At this point, Planned Parenthood is not an eligibleprovider in the Women's Health Program," Stephanie Goodman, aspokeswoman for the Texas Health and Human Services Commission,said on Tuesday.

The Women's Health Program, which is part of thefederal-state Medicaid program, provides cancer screenings,birth control and other health services to more than 100,000low-income women.

It does not pay for abortions or allow abortion providers toparticipate in the program. The new state rule bans programmoney from going to affiliates of abortion providers. State lawhas included that ban on affiliates since the program began in2007, but the state did not enforce it.

On Monday, U.S. District Judge Lee Yeakel temporarilyblocked the state rule, citing "the potential for immediate lossof access to necessary medical services by several thousandTexas women."

Planned Parenthood had told Yeakel that the health care of40,000 women would be disrupted unless he blocked the rule.

But lawyers for the state said that Planned Parenthood'smission was contrary to a program goal of reducing abortions andthat the program would end if Planned Parenthood remains in it.

Texas notified the federal government last year of itsintent to begin enforcing the ban, effectively excluding PlannedParenthood from the program.

President Barack Obama's administration has said it will notrenew funding for the Texas program because the state wasviolating federal law by restricting the freedom to chooseproviders.

The state is suing over that decision. The federalgovernment pays 90 percent of the $33-million-a-year program.